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is hereby authorized to cause the said cruising vessels of war aforesaid Deflective steel to be provided with interior deflective steel armor, if the same, upon full investigation, shall seem to be practicable and desirable, and if the same shall be approved by said board, or a majority thereof, in writing. Before any of the vessels hereby authorized shall be contracted for or commenced the Secretary of the Navy shall, by proper public advertise- for plans, &c. ment and notice, invite all engineers and mechanics of established reputation, and all reputable manufacturers of vessels, steam-engines, boilers, and ordnance, having or controlling regular establishments, and being engaged in the business, all officers of the Navy, and especially all naval constructors, steam-engineers, and ordnance officers of the Navy, having plans, models, or designs of any vessels of the classes hereby authorized, or of any part thereof, within any given period, not less than sixty days, to submit the same to said board; and it shall be the duty Board to report of said board to carefully and fully examine the same and to hear any on plans, &c. proper explanation thereof, and to report to the Secretary of the Navy, in writing, whether, in their opinion, any such plan, model, or design, or any suggestion therein, is worthy of adoption in the construction of said vessels, their engines, boilers, or armament; and if in such construction any such plan, model, design, or suggestion shall be adopted, for the use of which any citizen not an officer of the Navy would have a just claim for compensation, the contractor shall bind himself to discharge the Government from all liability on account of such adoption and use: Provided, That said Naval Advisory Board herein provided for shall, under the direction of the Secretary of the Navy, prepare plans, Further duties drawings, and specifications for vessels, their machinery, and armament, of board. recommended by the late Naval Advisory Board not herein authorized to be built.

5 Aug., 1882, P. E. L., p. 291.

Proviso.

3 March, 1883. Steel cruisers and dispatch boat.

Cost.

For the construction of the steel cruiser of not less than four thousand three hundred tons displacement now specially authorized by law, two steel cruisers of not more than three thousand nor less than two thousand five hundred tons displacement each, and one dispatch boat, as recommended by the Naval Advisory Board in its report of December twentieth, eighteen hundred and eighty-two, one million three hundred thousand dollars; and for the construction of all which vessels, except Proposals to be their armament, the Secretary of the Navy shall invite proposals from invited. all American ship-builders whose ship-yards are fully equipped for building or repairing iron or steel steamships, and constructors of marine engines, machinery, and boilers; and the Secretary of the Navy is authorized to construct said vessels and procure their armament at a total cost for each not exceeding the amounts estimated by the Naval Advisory Board in said report, and in the event that such vessels or any Contracts. of them shall be built by contract, such building shall be under contracts with the lowest and best responsible bidder or bidders, made after at least sixty days' advertisement, published in five of the leading newspapers of the United States, inviting proposals for constructing said vessels, subject to all such rules, regulations, superintendence, and provisions as to bonds and security for the due completion of the work as the Secretary of the Navy shall prescribe; and no such vessel shall be accepted unless completed in strict conformity with the contract, with the advice and assistance of the Naval Advisory Board, and in all respects in accordance with the provisions of the act of August fifth, eighteen hundred and eighty-two, except as they are hereby modified; and the authority to construct the same shall take effect at once; and the Secretary of the Navy may, in addition to the appropriation hereby made, apply to the constructing and finishing of the vessels in this clause referred to any balance of the appropriation made to the Bureaus of Construction and Repair and Steam-Engineering for the current fiscal year or in the present act which may remain available for that purpose: Provided, That he shall utilize the national navy-yards, with the ma- utilized. chinery, tools, and appliances belonging to the government there in use in the building of said ships, or any parts thereof, as fully and to as great an extent as the same can be done with advantage to the government. The services and expenses of the two civilian expert members of the Civilian experts. Naval Advisory Board may be paid from the appropriations for the increase of the Navy, not exceeding eleven thousand dollars.

For investigating and testing the practicability of deflective turrets designed by Passed Assistant Engineer N. B. Clark, twenty thousand

Assistance of of Naval Advi sory Board.

Yards to be

Deflective tur

rets.

Ang., 1882.

antonomoh.

monitors.

dollars, to be available immediately, the investigation and test to be
made by the Naval Advisory Board."
3 March, 1883, P. E. L., p. 477.

DOUBLE-TURRETED MONITORS.

That four hundred thousand dollars of the above amount [Repairs, Turrets for Mi- &c., machinery, &c.], or so much thereof as may be necessary, shall be applied by the Secretary of the Navy to the following objects, namely: Under the Bureau of Construction and Repair: To building and fitting the turrets and pilot-house of the iron-clad steamer Miantonomoh; and Launching of to the launching to the best advantage, with such necessary attachments double-turreted and appliances as will render redocking of the ships unnecessary, of the iron-clad steamers Monadnock, Puritan, Amphitrite, and Terror; and that no further steps shall be taken or contracts entered into or approved for the repairs or completion of any of the four iron-clads aforesaid until the further order of Congress; and the Naval Advisory Board, created by this act, is directed to report to the Secretary of the Navy in detail by the first day of December, eighteen hundred and eighty-two, as to the wisdom and expediency of undertaking and completing the engines, armor, and armaments of said iron-clads, and whether any changes in the original plan or plans should be made, together with the cost of the completion of each according to the plans recommended, if the completion of any of them is recommended; and the said Secretary shall transReport to Con- mit said report to Congress at its next session with his recommendation thereon, and that any part of the appropriation for said Bureau not used as above specified may be applied toward the construction of engines and machinery of the two new cruising vessels provided for in this act. 5 Aug., 1882, P. E. L., p. 293.

gress.

3 March, 1883. Appropriation.

Contracts, &c.

20 June, 1874.

vessels.

to

To be applied by the Secretary of the Navy under the appropriate Bureaus: For engines and machinery for the double-turreted iron-clads, in accordance with the recommendations of the Naval Advisory Board, one million dollars.

The execution of no contract shall be entered upon for the completion of the engines and machinery of either of these vessels until the terms thereof shall be approved by said Board, who shall approve only contracts which may be to the best advantage of the Government, and fair and reasonable, according to the lowest market price for similar work. And the Secretary of the Navy shall take possession of the double-turreted iron-clads, and if he thinks best, remove the same to the Government navy-yards; and he shall ascertain the amounts which ought to be paid to the contractors severally for the use and occupation of their yards with said ships, and for the care thereof, and report the same, with all the facts connected therewith, to Congress.

3 March, 1883, P. E. L., p. 477.

REPORT OF ACCIDENTS, ETC.

"whenever any vessel of the United States has sustained Report of acci- or caused any accident involving the loss of life, the material loss of dents, &c., property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of customs of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars."

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20 June, 1874, s. 10, v. 18, p. 128.

NOTE.-The above act is regarded as applying to vessels of the Navy, and a report should be made as indicated, in case of loss or accident, to the collector, from whom the necessary blanks can be procured.

Sec.

VOLUNTEER SERVICE.

Sec.

Acting assistant surgeons allowed only in case of war

Credit for continuous service.

1411. Acting assistant surgeons. 1412. Credit for volunteer service.

1559. Pay of volunteer service.

1600. Credit to marine officers for volunteer service.

SEC. 1411. The Secretary of the Navy may appoint, for temporary Title 15, Chap. 1. service, such acting assistant surgeons as the exigencies of the service Acting assistmay require, who shall receive the compensation of assistant surgeons. ant surgeons. [See post, 15 Feb., 1879.]

15 July, 1870, s. 13, v. 16, p. 334. 3 March, 1865, s. 6, v. 13, p. 539.

Credit for vol

SEC. 1412. Officers who have been, or may be, transferred from the volunteer service to the Regular Navy shall be credited with the sea nnteer sea-servservice performed by them as volunteer officers, and shall receive all ice. the benefits of such duty in the same manner as if they had been, during such service, in the Regular Navy. [See Aug. 5, 1882 and March 3, 1883, post.]

2 March, 1867, s. 3, v. 14, p. 516.

SEC. 1559. When a volunteer naval service is authorized by law, the Title 15, Chap. 8. officers therein shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy.

16 July, 1862, s. 20, v. 12, p. 587.

Pay volunteer service.

SEC. 1600. All marine officers shall be credited with the length of time Title 15, Chap. 9. they may have been employed as officers or enlisted men in the volunteer service of the United States.

2 March, 1867, s. 3, v. 14, p. 516.

That from and after the passage of this act, the Secretary of the Navy shall not appoint acting assistant surgeons for temporary service, as authorized by section fourteen hundred and eleven, Revised Statutes, except in case of war.

15 Feb., 1879, s. 2, v. 20, p. 292.

[An act approved 15 Feb., 1879, v. 20, p. 294, abolished the volunteer Navy of the United States; providing for the transfer of some of them to the Regular Navy. Mates were not considered as coming within its provisions.]

Credit to marine officers.

15 Feb., 1879. Acting assist

ant surgeons only

in time of war.

And all officers of the Navy shall be credited with the actual 3 March, 1883. time they may have served as officers or enlisted men in the regular Credit for servor volunteer Army or Navy, or both, and shall receive all the ben- ice in volunteer efits of such actual service in all respects in the same manner as if all Army or Navy. said service had been continuous and in the Regular Navy in the lowest grade having graduated pay held by such officer since last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy.

5 Aug., 1882, P. E. L., p. 287. 3 March, 1883, P. E. L., p. 473. NOTES.-Credit for volunteer service under section 1412 of the Revised Statutes as an acting third assistant engineer, is of no benefit to the officer, so far as regards promotion to, or pay in, the grade of passed assistant engineer in the regular Navy;" cannot be used to make up the period of sea service required for promotion from the grade of second or assistant engineer to that of first or passed assistant.-Op., June, 1882. Webster's case.

This provision (Sec. 1412) was designed to give the transferred officers the free benefit of their former sea service, in so far as it might go to complete the period of such service required in their respective grades previous to examination for promotion, and in so far as it ought properly to be taken into account in the matter of assignment to duty, and it confers no advantages beyond these. A volunteer officer transferred to the regular Navy is not entitled to hold a commission dated as of the date of his volunteer commission, but he must take his place upon the register according to the rank given him by his commission as an officer of the regular Navy.-Op. XIV, 191, 358, and August 11, 1881.Gen. order, 275.

To entitle an officer to credit for sea service, under the act of March 2, 1867, he must have been in the volunteer Navy at the time of his appointment to the regular Navy. Where he ceased to be an officer in the volunteer Navy prior to such appointment, however brief the interval, he does not come within the provisions referred to.-Op. XIV, 142, November 20, 1872. Gray's case.

The act of 3 March, 1883, supra, may have changed the effect of some of the foregoing opinions.

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Title 15, Chap. 1. SEC. 1405. The President may appoint for the vessels in actual service, Number and as many boatswains, gunners, sailmakers, and carpenters as may, in his appointment of. opinion, be necessary and proper.

Title.

Promotion of seamen to warrant officers.

Rating not to discharge.

Gunners a s

azines.

21 April, 1806, s. 3, v. 2, p. 390.
4 Aug., 1842, s. 1, v. 5, p. 500.

3 March, 1847, s. 1, v. 9, p. 172.

SEC. 1406. Boatswains, gunners, carpenters, and sailmakers shall be known and shall be entered upon the Naval Register as "warrant officers in the naval service of the United States."

2 July, 1864, s. 2, v. 13, p. 373.

SEC. 1407. Seamen distinguishing themselves in battle, or by extraordinary heroism in the line of their profession, may be promoted to forward warrant officers, upon the recommendation of their commanding officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepared under the direction of the Navy Department.

17 May, 1864, s. 3, v. 13, p. 79.

SEC. 1409. The rating of an enlisted man as a mate, or his appointment as a warrant officer, shall not discharge him from his enlistment. 17 May, 1864, s. 3, v. 13, p. 79.

3 March, 1865, s. 3, v. 13, p. 539.

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SEC. 1416. The Secretary of the Navy is authorized, when in his keepers of mag- opinion the public interest will permit it, to discontinue the office or employment of * the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners.

Preference in SEC. 1417.

*

10 Aug., 1846, s. 1, v. 9, p. 98.

In the appointment of warrant officers in the naval appointment to service of the United States, preference shall be given to men who have be given to ap- been honorably discharged upon the expiration of an enlistment as an prentices, &c. apprentice or boy, to serve during minority, and re-enlisted within three months after such discharge, to serve during a term of three or more years: Provided further, That nothing in this act shall be held to abrogate the provisions of section fourteen hundred and seven of the Revised Statutes of the United States.

Title 15, Chap. 2.

Acting as storekeepers.

Bonds of.

Title 15, Chap. 4.

Rank.

12 May, 1879, v. 21, p. 3.

SEC. 1438. The Secretary of the Navy shall order a suitable commissioned or warrant officer of the Navy, except in the case provided in section fourteen hundred and fourteen, to take charge of the naval stores for foreign squadrons at each of the foreign stations where such stores may be deposited, and where a store-keeper may be necessary, [See § 1414, under NAVAL STORE-KEEPERS.]

17 June, 1844, s. 1, v. 5, p. 700.

3 March, 1847, s. 3, v. 9, p. 172.

SEC. 1439. Every officer so acting as store-keeper on a foreign station shall be required to give a bord, in such amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty.

17 June, 1844, s. 1, v. 5, p. 700.

SEC. 1491. The President may, if he shall deem it conducive to the interests of the service, give assimilated rank to boatswains, gunners, carpenters, and sailmakers, as follows: After five years' service, to rank with ensigns, and after ten years' service to rank with lieutenants of the junior grade.

2 July, 1864, s. 1, v. 13, p. 373.

3 March, 1883, P. E. L., p. 472.

SEC. 1556. * * Boatswains, gunners, carpenters, and sail-makers, Title 15, Chap. 8. during the first three years after date of appointment, when at sea, one Pay. thousand two hundred dollars; on shore duty, nine hundred dollars; on leave, or waiting orders, seven hundred dollars; during the second three years after such date, when at sea, one thousand three hundred dollars; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; during the third three years after such date, when at sea, one thousand four hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, nine hundred dollars; during the fourth three years after such date, when at sea, one thousand six hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, one thousand dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars.

15 July, 1870, s. 3, v. 16, p. 332.

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